CEDAW/C/76/D/122/2017
Italy on 14 July 2016. Also, she was now aware that it was her responsibility to report
to the questura in Florence after her handover to the Italian authorities. Accordin g to
the State Secretariat, there was no evidence that the author had sought support from
the Italian authorities unsuccessfully and had had no other option than to leave Italy
as a result. There was also no indication that Italy had refused her social and medical
care.
4.9 On 2 February 2017, the author filed an appeal with the Federal Administrative
Court against the decision of the State Secretariat for Migration of 25 January 2017.
She included several certificates and alleged that breaches had been co mmitted under
article 3 of the European Convention on Human Rights and under articles 3, 14 and
16 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. She claimed, on the basis of reports by Médecins sans
frontières, that Italy was unable to meet her needs as a vulnerable person. On 9 May
2017, the State Secretariat for Migration assigned the author to the canton of Sankt
Gallen for the duration of the asylum procedure. On 19 July 2017, the Court rejected
the author’s appeal. On 16 August 2017, the author asked for her case to be
reconsidered on the grounds of her pregnancy and her civil marriage in Switzerland.
On 22 August 2017, the State Secretariat for Migration denied her request. The author
filed an appeal with the Federal Administrative Court. On 29 September 2017, the
Court dismissed the appeal as dilatory and abusive. The Court found that, apart from
her pregnancy, invoked belatedly, the author had introduced no new evidence and that
the actual aim of her petition was to obtain the re-examination of matters of fact and
law already considered by the State Secretariat for Migration and the Court.
4.10 The State party holds that the arguments adduced before the Committee have
been examined circumstantially on several occasions and that the communication
contains no new information or evidence that would change the findings contained in
the decisions of the State Secretariat for Migration and the Federal Administrative
Court. The State party notes that the only new claim brought forward concerns
trafficking in persons, but that the link to her particular case is not clearly explained.
The State Secretariat for Migration and the Court have issued several decisions and
rulings in which they have examined and made determinations on the author’s claims.
In particular, the State party has considered whether in Italy, the author, given her
situation, would be at risk of violations of her rights under article 3 of the European
Convention on Human Rights and under articles 3, 14 and 16 of the Convention
against Torture, or under article 3 of the Convention on the Elimination of All Forms
of Discrimination against Women. The Court has also examined whether the principle
of family unity and the protection of family life has been upheld.
4.11 The State party recalls that it is for the authorities of States parties to evaluate
the evidence or the application of national law in a particular case, unless it can be
established that the evaluation was biased or based on gender ste reotypes that
constitute discrimination against women, was clearly arbitrary or amounted to a
denial of justice. 14
4.12 The State party notes that, in her communication, the author does not confine
herself to making general and stereotypical allegations, b ut, moreover, raises
contradictory claims. First, she maintains that she was taken to the Italian border by
car and abandoned there. Then, she goes on to state that, with assurances from the
Italian authorities that she would be given the care her situatio n requires, she might
perhaps consider living in Italy in conditions that were appropriate and in keeping
with her needs given the particular trauma she has suffered.
__________________
14
8/16
The State party refers to S.J.A. v. Denmark (CEDAW/C/68/D/79/2014), decision of
inadmissibility of 6 November 2017, para. 7.8 and references.
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